suspect andrew beariento appeared in court. he did not enter a plea but his attorney made an important statement saying the shooting may have resulted in a misunderstanding. jodi hernandez is joinsnous with the story. >> reporter: nearly half the fremont police force showed up in court today to show solidarity with their wounded officer, their wounded colleague who remains hospitalized tonight. in fact, when the suspect looked out at the courtroom audience, all he could see was a sea of navy blue. tonight many of those officers are seeing red after it was suggested that the shooting may have been a misunderstanding. >> they should just sickle file it from right here. >> reporter: fremont police officers want the man accused of shooting fellow officers todd young to know they want justice. dozens of officers fled to the courtroom to watch the suspect

get formally charged. >> what he did was wrong, and we feel he should pay the consequences for that act. hopefully he'll be found guilty, and -- and go to prison. that's what we're look for. >> reporter: the suspect's attorney needs more time to review the evidence before reviewing pleas for the long lives charges, including attempted murder, carjacking and shooting at an occupied car. >> it would be completely inappropriate of me to discuss the facts or the circumstances of this case in any way without going over the discovery. >> reporter: according to court documents, the suspect has admitted to shooting the officer but denied knowing young who was in plain clothes at the time was a police officer. the suspect's attorney says it may have been a misunderstanding. >> i will say that our deepest best wishes go out to overs young and his family during his recovery. whether this turns out to be an intentional shooting of a police officer or a tragic

misunderstanding on the streets of oakland remains to be seen. >> reporter: but young's colleagues say there was no misunderstanding. they believe the suspect knew full well what he was doing and should pay the price. >> what matters is when you shoot a police officer because there's the sentencing but his claim is not true. >> reporter: now a second suspect, 23-year-old gustavo silvo was also in court today. he faces charges of being an accessory to attempted murder after the fact and transportation of marijuana. both men will be back in court later this month to enter pleas. reporting live in oakland, i'm jodi hernandez, "nbc bay area news." >> thank you, jodi, and since the officer was shot the red cross is reporting a significant increase in blood donations.

several centers stayed open over the holiday weekend to handle all the people who were donating. the red cross says donations are 50% above normal as a consequence and the incident ended a blood shortage declared by the agency last month. >> a man says he's not a threat to anyone, charles rittenhouse is being charged on $2 million bail and is being charged with two counts of possessing investigators but here's the weird part. investigators believe he may be connected to the killing of his wife and his wife's friend. their bodies were found inside rittenhouse's home. the attorney says he his client has no motive for the murder and is devastated by his wife's death. another silicon valley soap opera unfolding right before us, and this time the star of it is mark hurd. "nbc bay areas's" business reporter scott budman first here

and on the web has this for us. boy, has the oracle turned scott. >> reporter: it was a surprise when so quickly after hurd left hp former ceo mark hurd was hired on as president of oracle. now thanks it a lawsuit filed against hurd by hp the job may not be his, at least not right away, and it seems the two companies will not be so close from here on out. hp claims that hurd knows too much about hp's inner workings to go to work for a competitor like oracle. although the two companies have worked closely for more than two decades, recent purchases have made them competitors and it's common for executives like hurd to sign confidentiality agreements, especially when collecting by severance payments. as for the stock market, well, it seemed to like oracle's take. oracle shares up about 6% today in the midst of all this hp fell slightly. overall, banking concerns cutting the recent rally off at four straight days. losses of about 1% for each of the major indexes. as for the hp/oracle feud,

neither oracle nor mark hurd would comment today. this type of thing has happened before when an executive tries to move from one rival to another. tom, it even happened last year with hp. >> all right. scott, thank you. >> you bet. well, it's an effort to cut down on congestion alooking i-680 southbound. wouldn't that be nice. solo drivers will soon have the option of hopping into the carpool lane, if they are willing to pay for the privilege, and an express lane will be open at the end of the month for commuters coming down interstate 680 between highw ww 84 and 2 will 887. more on the preparations for this test. kimberley? >> reporter: that's right, tom. crews will start re-striping the carpool lane tomorrow evening after the commute hoping to get it red and the next two weeks to open as the bay area's first toll road. drivers using i-680 south will

soon be seeing a very different freeway. >> i think the biggest change is going to be limited access in and out of the expressway, where people are used to being able to have unlimited access getting in and out, will now have a double white striped line that will be a two-foot buffer between the express lane and the mixed lane. >> reporter: solo drivers who pay a toll electronically with fast track will be allowed to use the carpool lane on a 14-mile stretch between pleasanton and mill vidas, operating monday through friday 8:00 a.m. to 5:00 p.m., replacing the current carpool schedule. >> i think it's a good idea. >> the fact of the matter is we've needed this for quite a while and this will be something helpful for everyone. >> reporter: carpoolers will still be able to use the lane for free, but solo drivers will pay a toll that will change depending on the traffic density. average toll, between $5 # and $6. >> not something i would pay

for. >> reporter: signs a half mile before the free access point will show the toll price so drivers can decide what's more important, time or money. >> if people are willing to pay the extra amount to use that lane, then that means fewer cars that the rest of us have to deal with. >> reporter: chp enforcement will be stocked up on the first few weeks after the express lane is open making sure that each of the solo drivers has a fast track. >> thank you, kimberley. no fishing signs posted at the petaluma river tonight as the cleanup continues for that oil that was spilled yesterday by a leaky tugboat. a vacuum truck was brought in last night to suggest remaining oil off the world war ii era boat, a process that lasted last night all the way through morning. the oil sheen that stretched over two miles of the river was evaporated by late yesterday. authorities are monitoring the area to make sure no wildlife is

being harmed. a city council meeting being packed with students and teachers is being started in richmond right about now, and by the time it's over three of the city schools may be shut down for good. tracy grant is live in richmond with the developing story for us tonight. >> reporter: well, jessica, it could take another couple ithou before this item appears on the agenda. thissish's has loomed over the area for careers and each team they have been reprieved but tonight the city says it has to make a permanent decision. >> they need to stop messing with the school and people need to start supporting kennedy. >> reporter: rosie is tired of learning that she may be forced to leave kennedy enrichment and finish her high school education at other schools. >> the teachers and everything have been nice to me, helping me out, helping me to like prepare for college and stuff like that so i don't want to leave them behind. >> reporter: richmond city council will decide tonight

whether to close kennedy and grant and olinda elementary schools when the school year ends in june. state budget cuts have made it impossible to keep all the schools open. the city has threatened to shut down kennedy and other schools for three years but came up with an additional $3 million for last school year and this one and now the city says there's no money left. >> tonight is a big vote and a big step. we know that in the past we haven't seen a lot of high schools close, so this happening is a big, big deal tonight. >> reporter: 1,000 students attend kennedy and many are struggling to escape the pitfalls of the notorious richmond triangle where gangs and violence are commonplace. this english teacher says he's more worried about the students than what becomes of his job. >> to close kennedy means they have to go in different areas of town that they don't feel too welcome at, and -- and we're concerned about that because we want to make sure they are safe. >> reporter: richmond city councilman nathaniel bates says

many city products have been repeatedly delayed to accommodate the fiscally challenged school district, but he still says he wants the classrooms to remain open. >> we don't want to move to another school. >> reporter: city councilman bates says long-term arrangements have to be made to make sure that the school district doesn't continuously treat the city as an atm. now, not only will these students have to go to other schools if these schools shut down, but they could even end up in another city, like el cerito. tracy grant, "nbc bay area news. "is pre-school is not usually thought of as a crime-fighting strategy but police chiefs and others say it's vital. they are a members of fight crime, invest in kids. they show kids from risky neighborhoods who get high quality early education are less likely to commit crimes as adults and more likely to finish

high school. they say in the long run quality pre-school could save $16 for every dollar invested, and the california and the bay area could see education savings of up to $3 money million a year. still ahead at 6:00, you might call it the great google mystery. why the website is generating so much buzz today. also coming up, a house fire makes one family's fight against the odds even harder. we'll introduce you to a 23-year-old doing whatever she can to keep her family together. and a deadly misdiagnosis, what eight fatal cases of whooping cough in california have in mmon. >> good evening. i'm chief meteorologist jeff ranieri. cool here for bay area standards this time of the year. 66 in livermore and 69 in san jose. even cooler for tomorrow. expecting mid-60s at 11:00 in th e eastbay. details on how long this will last coming up. >> also coming up, the trouble with eab.a.r.t.'s tracks.

why are they making so much noise and can they do anything about it? [ female announcer ] we know jerry brown was mayor of oakland, but what were the results? fact: brown promised to improve schools. but the drop out rate increased 50%, and the state had to take over the schools. fact: the city controller found employees paid for 22,000 hours... they never worked. fact: brown promised to cut crime. but murders doubled, making oakland the 4th most dangerous city in america. jerry brown.

he just can't deliver the results california needs now. now it integrates your work e-mail, so you can be hooked up to everything you need to do. now it does 1 ghz speed on a more intuitive keyboard. turning you into an instrument of efficiency. introducing the new droid 2 by motorola. part of the next generation of does.

well, if you ride b.a.r.t. you know you get to avoid the hassle of the freeway, but did you know that you may be putting your hearing at risk. a recent report mapped out loudest sections of b.a.r.t., and the efforts to quiet them. nbc bay william aramoair a has >> seems to get loud when you're going into the tunnel. >> really really noisy especially going through the terminal. >> reporter: have you heard, riding b.a.r.t. is noisy, in some spots approaching 100 decibels. part of the reasons that trains don't run 24 hours a day, but b.a.r.t. says they have the tools to fix the problem. >> it's a rail grinder. basically what it does is goes out and grinds these down. those are mike scopic ripples in

the rail, and really all it's doing is changing the pitch >> reporter: pitch is what grates on your year and for some it's more than annoying. >> especially with me, i travel with my 3-year-old daughter and the noise is overwhelmingly loud. she covers her ears. it's not a monster, it's thebert train. we're going over tracks and through tunnels. that's what happens when we ridebert, you know. it's loud >> reporter: loudest levels were recorded in the tube from grand park to civic center. b.a.r.t. says those areas have lots of cured of track and where grinding efforts are concentrated. >> we have three-hour windows in the week in which we think you can get out there and can only get about a mile done at a time. 100 full miles of track. fortunately not all of them are noisy and because we have two we're able to double up on our work. >> reporter: physics are physics. trains hurling down tracks make

noise and b.a.r.t. is doing what it can to quiet the noise and the critics. >> really nerve-racking. >> b.a.r.t. says ear damage can only occur with several hours of continuous exposure. well, a technical glitch prevented the san francisco board of supervisors from meeting today. someone apparently hit the wrong button when sending out official notice of the meeting. on the agenda was a key vote on an alcohol tax in san francisco. that and 33 other items on the agenda will have to wait. the next scheduled board meeting is one week from today. governor schwarzenegger is in asia this week leading a trade mission to promote california products, and to help secure what the governor says could amount to billions of dollars for companies here. the trip includes stops in china, japan and south korea. it is mr. schwarzenegger's first trade mission in more than three years, and he's in the company of business leaders from across the state. on the agenda, a tour of the company that's making portions of the new eastern span of the bay bridge. >> well, the coast guard has

suspended its search for a woman who may be in distress in the bay. perhaps off tiberon somewhere. a cryptic call came in over marine radio channel around 9:15 last night. a coast guard helicopter was launched at first light t.scoured the area along the marin county shore between the san rafael bridge and angel island. here's that call, listen. >> listen to me, listen to me. listen to me. listen to me. >> hello! >> 10-4. >> may day. >> this is the united states coast guard. state your position and nature of distress. >> now after that, there was no response from the woman. the coast guard says it was able to pinpoint where the woman's apparent distress call was coming from. a peninsula salt pond which used to be an eyesore is expected to host tens of thousands of migrating birds in the coming months. senator dianne feinstein

participated in the restored opening of the salt pond which is now a wetland. administrators say 237 acres of salty soil have been converted into a rich bird habitat. jeff rain have i standing by right now. the ole thermometer took a bit of a break today. >> boy, did it. big change. >> we jumped about, you know, two months ahead of time with those temperatures today. we did enjoy those summer, well, temperatures yesterday there for labor day across the bay area,  so napa went from 92 yesterday to 75 today. san francisco from a very comfortable and warm 84 degrees, down into 60 and livermore from 95 to 76 and san jose from 93 to 76 degrees. and this cooling went well inland today, so it is more than just fog that we're dealing with out there. we do have some cooling in the upper atmosphere that is helping to bring these temperatures down about 10 to 15 degrees.

let's get a look at some other highs. 65 in santa cruz. that's it. down here in the south bay. 70 in gilroy and plenty of low to mid-70s on the east bay. the only warm spot was in santa rosa which was still able to hold on to an 80-degree reading but that 80-degree reading is going to be knocked down as well as we head to the next 12 to 18 hours. right now from san francisco, we have the fog with us, but we also have, as you can see here from oakland, some mid-level cloud cover. it's right near the bay area there, right near where it says oakland and that's a sign of slightly cooler air aloft as the jet stream is taking a very large dip for this time of the year all the way down to central and southern california, helping to drag this cool area across the bay area. what does this mean for temperatures tomorrow starting off in the upper 50s here in the south bay and then by 11:00 a.m., mild out here to cool with only low to mid-60s expected in the south bay. other spots here starting off tomorrow morning in the upper

50s to low 60s from the east bay to the south bay and by 11:00 a.m., it stays very cool for standards this time of the year from upper 50s to near 60s across portions of the north bay. finding travel delays this evening from dallas to houston with left overtropical remnants in texas so if you have a connecting flight there, watch out because the delays could be numerous. meanwhile, back here at home, cooling seven-day forecast back in a bit. >> love wasn't enough to save san francisco's love evolution festival. the dance music festival draws around 90,000 people to san francisco every year. it's usually held at civic center plaza, but the city said no this year because of concerns for public safety. the examiner reports that organizers hope to bring the event back to san francisco next year at golden gate park's polo fields. >> straight out of motown, a robot rocking the silicon valley by blending video came with social networking. >> also ahead tonight, some

surprising news involving rodney king. the connection it a juror in his civil trial. and why you may not want to stick with non-stick cookware if ntkids. potential danger for your little ones. we're back in two.

well, it is tough for parents to tell if doctors can't if that cough is a cold or something more serious. whooping cough is difficult to diagnose, and that's part of the problem in stopping the state's outbreak. dr. bruce hensel from our los angeles station reports. >> reporter: runny nose, sometimes just a little cough. it might not always sound like life-threatening, even to doctors, which is why sometimes they miss the diagnosis. several babies who went to doctors with these symptoms were treated for congestion or mild upper respiratory infections that turn out to be potentially deadly whooping cough. by the time they developed the

telltale signs, it was too late. dr. jonathan fielding says we can prevent deaths if we're just more vigilant about testing. >> suspect pertussis in any very young child, particularly under three or four months that has otherwise what might look like a runny nez or just a little upper respiratory infection so you may want to be more aggressive into n treating those with antibiotics. >> reporter: parents should do their part, too. whooping cough spreads mainly among family members so vaccines for you and your kids are key. >> talk to your physician about whether you're up to date with respect to your immunization, and if you have these symptoms don't go near a very, very young child and also observe the basics, handwashing, covering your cough and covering your sneeze. >> with cools starting, kids will be in full contact with others. health officers warn if whooping cough starts to spread in schools unimmunized children might be asked to stay home until the outbreak is over.

>> if we have a case of pertussis and then it's communicated, transmitted to somebody else, we will at that point recommend that students in that immediate environment who are not fully immunized stay home from school. >> reporter: and skull facing its worst outbreak of whooping cough since 1958. >> so, what is it going to take to get the nation to quit for good? tonight, new federal stats show that the u.s. smoking rate is stuck at around 21% where it's been since 2005, and that means that one out of every five americans can't or won't quit smoking. experts say they do know what to do. have more smoking bans, raise the price of cigarettes and put forth some more aggressive ad campaigns. well, that non-stick cookware that you use to cut calories and make sure that your eggs don't stick to the pan may actually be raising your kids' cholesterol level. a new study found that children with high levels of cholesterol had the highest levels of acid

used in non-stick cookware which suggests the need for more studies of the non-stick chemicals are found in mike wave popcorn bags and stain and water repellant fabrics. still ahead at 6:00, the fed-up flight attendant who quit his job has his day in court so what penalty is he facing? and why the governor's furlough plan faces a major hurdle tomorrow. and the white house weighs in about the plans bay florida church to burn in korans on september 11. and a family that's already endured enormous challenges faces yet another obstacle after a house fire. their amazing story of determination is just ahead. as governor, he cut waste got rid of the mansion and the limo budgets were balanced. $4 billion in tax cuts. world class schools and universities. clean energy promoted. 1.9 million new jobs created.

california was working. i'm jerry brown. california needs major changes. we have to live within our means; we have to return power and decision making to the local level-closer to the people and no new taxes without voter approval. jerry brown the knowledge and know-how to get california working again. to challenge ourselves on the most demanding track in the world. with us, in spirit, was every great car that we'd ever competed with. the bmw m5. and the mercedes-benz e63. for it was their amazing abilities that pushed us to refine, improve and, ultimately, develop the world's fastest production sedan. [ engine revving ] the cts-v, from cadillac. the new standard of the world.

( barking ) but destroys fleas. you avete for rivantage, the flea specialist for gentle, but effective, flea control. how much tragedy can the soul bear? that's what one family is asking had self tonight. you see, the sunnyvale family lost their home in a fire just

as they were getting their lives together again. the flames quickly engulfing their three-bedroom home on plain tree place in wolf. two of the family's three dogs were killed. more now on the fire and how they are holding up tonight. >> reporter: sue walked through her garage in disbelief trying to make sense of a fire that gutted the inside of her home, leaving her with almost nothing. >> the fire fighter told it was all lost. luckily he had let mow back in to salvage what i could out of the house? uhrich's brother and sister are okay and two of their dogs died. all they can do know is load up the things that survived the fire. >> it is hard. there's nothing left at all. my brother didn't almost make it out of the house. if he didn't hear my dogs bark he wouldn't have made it. >> reporter: for sue her life has been about beating the odds. last year she won custody of her younger sister and brother who

were taken away from their mother who is addicted to drugs >> i decided they are more important than having my 20s. the family severing to me. >> reporter: uhrich now takes care of her brother and sister and goes to college and works full time in redwood city. craig stiglitz is her boss and says if anyone can overcome adversity it's uhrich. >> she has to accomplish and go above and i think she will. she will definitely persevere and use this to make herself a stronger person. >> reporter: at age 23, uhrich is now facing the greatest test of her life as she tries to rebuild a home for her family. with very little money saved up, she knows it will be quite a struggle so she's not giving up. >> definitely brought us a lot closer. every time we have something that happens in our lives, it makes us strong we are this. this is just one more thing that we can look back on and know that it's about our family, and we're going to be okay. >> reporter: in sunnyvale, nbc

bay area news. >> an admirable young woman. if you want to learn more about her and her family we have more information on our website at nbcbayarea.com. sunnyvale fire investigators think they may have an arsonist loose. there have been more than a dozen fires in the city. the fires have been concentrated near south fair oak avenue, old san francisco road and most of the fires set in the early morning hours. dumpsters have been set on fire, but in one a car was set on fire. here's a sketch of a person of interest who was seen in the neighborhood during a fire on september 1st. they believe the man to be between 19 and 20 years of age. luckily no one has been hurt in any of these fires. well, tomorrow the state supreme court will hear oral arguments on whether the governor has the power to furlough state employees in a budget crisis. if the state employees win their case, they could get back pay for all the four furlough days since february of 2009. in the last two years, 40 lawsuits have been filed over

those furloughs. the justices tomorrow will hear three of those cases. the state workers say the governor didn't really impose furloughs to save money. >> well, the furloughs don't really save money, it's a political effort to put pressure on the legislature and put pressure on employee unions to give him his wish list. >> reporter: after hearing oral arguments tomorrow, the justices will have 90 days to publish their decision. well, let's talk some california politics right now with our political analyst of san jose state university. labor day yesterday. typically the start of the campaign season, particularly for democrats when you're talking about labor, and most particularly this year for jerry brown, larry. >> yeah, you saw him come out of his cocoon and the guy has been nowhere to speak of. hasn't raised much money and suddenly he's taking the money he has and getting out there. jerry brown has to do three things very quickly. first of all, tell people who he is. it's been two generations since we saw governor jerry brown. he also has to fire up the base and that's something democrats are struggling with all across the country and finally jerry

brown has got to pound meg whitman and talk about her problems and frail tis and issues. >> is this race really closely or did the rasmussen poll have it right which suggested whitman has an eight or nine-point lead? is she really in the lead or do you trust the poll? >> polls are only snapshots, that's all they are, what they are for the moment and nothing else, but this poll is kind of interesting for a couple of reasons. first of all, you notice there's 6% undecided. at this point in the race 6% undecided doesn't sound right, and secondly, this poll was done by automatic phone calling and that has some issues, according to the pollster experts, so want to look at this as one poll. not sure it tells us very much. i think there's ate lot more to see. >> can brown keep up with whitman. the whitman camp responded immediately to brown's first ad. does brown have the capacity to raise enough money? >> certainly can't keep up with her in terms of her own dollars.

she has her own printing press, $10 about million of her own going in and $175 million more to go. he needs to get labor out there but labor has its own issues and many, many cases to fire up on so they won't have as much money for brown as you would like to see. brown has a tough go, but he does have something that whitman doesn't have, a name, a family, a legacy. >> well, a little bit of a surprise i guess you would say today, larry, to see steve posner come out and actually endorse meg whitman. does it matter at all, and what does whitman do here? >> posner is important for one big reason. he's close to the republican base. whitman needs that republican base since recently she's been straying from it but that's not enough for whitman. she has to go after brown and talk about how brown is yesterday's news. she has to talk about her issues, education, taxes and jobs, and finally, most important, whitman has to get the independent vote. let's remember, democrats outnumber republicans 44% to 31%. she's got to get that

independent vote if she's going to win. >> and labor has to turn out the vote if they are going to stop her, obviously. >> and in a state like did where labor is 18% of the work force compared to 12% nationally, that could help. >> larry, thank you very much, and we want to remind you that jerry brown will face off against meg whitman in a debate next month at dominican university in san rafael. tom brokaw will moderate and watch it live here on oober 12th on nbc bay area or online and always get updated political news from our website, nbcbayarea.com and click on the prop zero section to read political blogs and get political news. all right. let's talk national politics. when it comes to the national election, it appears that democrats are swimming upstream. according to a new nbc news/"wall street journal" poll republicans have a nine-point edge among people considered likely voters when it comes to november. that number doubles among americans who express the highest amount of interest in

those mid-term elections. 53% of them prefer republican candidates and 35% say they will vote democratic. bad for the democrats. when the party in power is facing an angry wrong-track electorate looking for change, the incumbent party loses. >> americans certainly see a wrong track according to this poll with 56% of respondents disapproving of the way president obama is handling the economy. so far, according to the poll, only 41% approve of the job he's doing. well, the government tonight is turning up the pressure tonight on a florida preacher and his plans to burn copies of the muslim holly book the koran come september 11. attorney general eric holder calls this idiotic and dangerous. he posted this on the internet weeks ago and so far he's not backing down, even though the top u.s. general in afghanistan, david petraeus warned him via e-mail that it could harm u.s. troops by inciting violence. >> we understand and we are sure

that his concerns are legitimate. we still feel that we must send a clear message to radical islam. >> the pastor admits he has gotten numerous death threats so far. meanwhile, protesters in afghanistan burned posters with his image on it. other christian leaders have come forward urging pastor jones to cancel that book burning. a state of emergency was declared tonight in colorado. a massive fire nearly doubled in size to more than 7,000 acres today near boulder. it's consumed more than 60 buildings and forced about 3,000 people to evacuate. the weather conditions did improve enough for air crews to dump fire retardant on the flames, but this is a monster fire. >> did you notice anything different about google today? the mysterious buzz around its logo. >> also, you will see the robot shining light on the hottest video game of the year. >> and an unexpected move

involving rodney king and a juror in his civil trial. >> and good evening. i'm chief meals jeff ranieri. a big drop in our temperatures today. only 60s and 70s across the bay area and even cooler tomorrow in the east bay. 11:00 a.m., just 66. we'll on on our ll-like forecast coming up . [ male announcer ] when meg whitman arrived at ebay,

they had 30 people and an idea. meg's job was to make it happen. it took leadership. focus. and the ability to bring people together. meg whitman delivered. named one of america's best ceo's by harvard business review, she grew ebay 15,000 strong and made small business dreams come true. now meg has a plan to create jobs. fix sacramento. and deliver results. meg whitman. for a new california. 'cause i'm a papa bear. you -- look at you, mr. high-tech hollywood, with all your high-tech gizmos. it's how i roll.

you roll like a dinosaur with that tiny interest rate. try new school banking at capitalone.com your savings will be earning three times the national average. hmm. you gotta stop earning zippo, t-rex! get a higher rate, pterodactyl. interest plus savings at three times the national average. go to capitalone.com what's in your wallet? two spoons please! remember the jetblue flight attendant who quit his job in dramatic form by sliding down the plane's emergency chute? well, he's going to undergo a mental health evaluation as part of a plea deal. authorities say that evaluation may help steven slater avoid jail time. slater's attorney says he's taking the case against him more seriously now. he said at the time slater was under tremendous pressure with a

terminally ill mother and other concerns. cynthia kelly, was on the jury which awarded king $3.8 million. "the new york daily news" reports king began dating kell shortly after the trial and they drifted apart. on a whim he called her again four months ago and now he calls her a blessing in his life. >> oh, interesting. >> raj is up next with sports. >> all right. and a live look right now here in oakland. we have some cloud cover, but it's all about those cooler temperatures today. we'll let you know how cold it'i in for tomorrow coming astouple of minutes. a

can you feel the excitement? a week away from the biggest video game launch of the year and this time can you take part in the rollout. >> i can feel it. >> thanks to an amazing light-shooting robot based here in the bay area. nbc bay area's business and tech reporter scott budman gives us a behind-the-scenes look. >> reporter: in a giant studio, a giant robot is shining a light that's being scene all over the

world. >> that's kind of things that you would use to run a video display at a large concert. we're using it to create a light sculpture for halo. >> reporter: a marketing ploy for microsoft's latest halo video game that would make the mad men of old proud but this one is thoroughly modern. with a robot pulled straight from the automotive world. >> this is the luckiest robot from the plant, yeah. this would be either assembling and working 72-hour weeks, you know, without a break. >> reporter: it shoots out tens of thousands of blips of light to make a virtual sculpture created by fans who go to a website one at a time. >> this is a composite of every star that's ever been made with this sculpture to date. >> just going to do something different and a robot was perfect for doing that. >> reporter: it's a perfect match. gamers love robots and they are flocking to this guy and these

cameras by the thousands. >> for example, i'm being recorded now on the website, and they can see me, and they might take a screen shot and e-mail it to me. i've had that happen so that's kind of cool as well. >> there's also just a great passion for this franchise and the fans expect to do something really, really cool and awesome every time. the bar is set really high. >> reporter: from the studio to the web, a high-tech creation that starts with you. in san francisco, scott budman, "nbc bay area news." >> well, the sculpture of life will be built and rebuilt through september 14th. that's the day that the new video game itself goes on sale. >> mark it on your calendar. >> yes. >> mark it on your calendar, today, too, that drop in temperature was dramatic. >> sure was. some 25 degrees. everybody had their shorts out yesterday and you had to go searching for the jacket today. i couldn't find mine so i ended up leaving in short sleeves on

the way to the gym this morning. meanwhile here, today's highs, we had temperatures all over the board, but namely just a lot cooler out here. the only spot that was able to hold on to any heat was in the north bay was 80 degrees in santa rosa but only low 80s in the north bay, those would be going down as we head to tomorrow as well. no major heat pockets expected to stick around as we head to wednesday's forecast. today is more than just fog. temperatures dropping some 26 degrees from concord to livermore from this time yesterday. so you know this time of year it is all about the changes in the upper atmosphere when you see temperatures swinging that big. right now in san francisco, 65 degrees. winds are westley at 28 miles per hour. there is that low-level cloud, mist and fog that's building at the coast, but other component that's helping to keep temperatures right now, yes, in the 60s in livermore and also 69 in san jose, 62 in heywood and 64 in oakland is that cooler air

that's aloft, so let's take a look. tomorrow instead of upper 70s and a few low 80s inland. we're talking about 60s and low 70s for your wednesday and this pattern looks to stay put here at least for the next five-day period. so the visible satellite loop always gives us that close-up image. we do have the fog here from san francisco down to santa cruz and monterey and offshore you can see some motion with this cloud cover here. that's actually from a very weak frontal system that's passing through the bay area, helping to drag down cooler air here from the gulf of alaska, and it's those two things combining together that's going to keep our numbers lower here as we head into wednesday, thursday and friday's forecast. namely for tomorrow, we're talking about upper 60s and low 70s inland, so that will mean widespread 50s at the coastline, fog and also drizzle, an this is going to continue right into thursday. so don't expect any big swings here in the temperatures the next two or three days. at least your body can get used

to it. a good thing. south bay, 6:00 a.m., 57 degrees. by 11:00 a.m. looking at low to mid-60s here. should be able to save a little bit on the ac as you won't have to crank it on tomorrow. 53 in santa rosa and plenty of mid-50s down here in the south bay with once again the fog at the coastline. doing any traveling here tonight, just be extra cautious because that drizzle and the fog building back up will reduce visibility down to less than a quarter of a mile. all right. tomorrow here in the peninsula, 67 degrees in san mato and 64 in san francisco and 70 in bonish and 10 to 15 degrees below out averages, and for the north bay, 76 in lakeport. morning time on the weather channel on cable, seven-day forecast. look at that warmup. not really too much of a warmup, but by monday 80 degrees. >> not as dramatic as you're saying. >> i know. >> but i like to do that. >> that's the perfect warmup.

>> two degrees. >> that's right. >> that's accurate technically. >> all right, raj. giants in the same position they were yesterday. ready for our daily dose of excitement and drama. jeff, you enjoying this? >> i always enjoy sports. >> this is a good time. >> and tmz, ears past, keep this in mind, catchy names for the giants. not just years past but hum baby and destiny. no name so far for this particular team and that's exactly the charm of this year's giants. no bonds or kent, kingpins of a clubhouse. instead we have hero by committee. every night it's someone new and some players are castoffs from other teams, like juan uribe, the most notable. jonathan sanchez doing well and brian wilson and mad bum, remember who that is? madison bum gartner. the giants trail by one and a half games in the wild card game. they trail philly and one game they trail in the division behind the padres in the national league west.

the giants right now playing in arizona against the demondbacks. what started out as that scary story yesterday has ended with a smile around the a few stitches and a cat scan. buster posey's bat flew into the stands and hit that 13-year-old kid. well, the kid's reaction on the field was really cool, the thumbs up and then reaction after his trip to the hospital. >> i was telling my parents how much he's really good and liked him a lot and he hit me in the head with a bat so i'm kind of honored. >> sorry, buddy. totally accidental obviously. >> it was an interesting experience, i thought. >> we love the kid. okay. let's get the football. last weekend, almost 60,000 fans showed up at memorial stadium to watch cal pounce on uc davis. really, that was expected. what wasn't expected was the breakout performance of cal's 18-year-old true freshman. watch carefully here. he comes to berkeley across the

country with the family and a voice. here's nbc's laura behnke. >> reporter: it didn't take college football fans long to know the name keenan allen. >> now against the grain and it's a sprint. keenan allen. >> reporter: the wide receiver sensation headache college debut to remember thanks to 158 total yards and a pair of touchdowns against uc davis, not bad for a true freshman. >> i was impressed but not surprised because, you know, we went through a fall camp and, you know, with did the off-season training and i knew what he was capable of doing. >> reporter: but allen wasn't originally destined for berkeley. a top five rated high school prospect out of north carolina, he was heavily recruited and verbally committed to join alabama, but when his older brother, a quarterback at buffalo decided to transfer, playing together became a priority. >> to play with him again is real amazing. >> reporter: allen and his half

brother became a package deal. alabama wasn't game but cal jumped at the opportunity. >> he's a quarterback so he can see things and helps me as a receiver to read coverages. >> reporter: and it seems allen could be making a name for himself through more than just football. he and teammate margin jones have written ard rodded a song. can you find it on youtube and allen says he would like to make music his major. >> we're just riding in the car and put on an instrumental and started singing the chorus that he game up with. >> girl, all i want -- next day we went to the studio and made it a song. >> reporter: with the song in the studio and a statement on the field, what does the 18-year-old do for an encore? bear fans can't wait to fine out. laura beegie, nbc bay area sports. >> the song can get a little better but on the field he's doing so well. after one game, keenan allen. cal hosting colorado this

saturday. uc davis, cal hosting colorado at strawberry canyon. another huge crowd is expected. one more note from college football. the heisman trophy might be snatched away from reggie bush. can you do that? it's never happened before, not even for o.j. simpson, but it might happen with the former usc trojans' star. conflicting reports tonight that the heisman trophy trust, essentially their executive committee, might strip bush of his 2005 award. bush, you might recall, received improper benefits, we like that, improper benefits while playing at usc. finally tonight, the u.s. open, sam kerreweer, the san francisco native, the last american man remaining at the u.s. open. it was a long match, three hours, 36 minutes, in the near court. sam kerrewequerrey, can he adva?

>> so disappointed. >> put up the good college trial. >> when she ni really gets excited. >> we'll be back with a change for google today. this droid has evolved to do even more. now it integrates your work e-mail, so you can be hooked up to everything you need to do. now it does 1 ghz speed on a more intuitive keyboard.

turning you into an instrument of efficiency. introducing the new droid 2 by motorola. part of the next generation of does. with so many to choose from it's hard to see the difference. but this is the way most dentists choose a toothbrush. fact is, more dentists brush with an oral-b toothbrush than any other brush. ♪ if you could see what your dentist sees, you'd reach for an oral-b toothbrush too. oral-b. as governor, he cut waste got rid of the mansion and the limo budgets were balanced. $4 billion in tax cuts.

world class schools and universities. clean energy promoted. 1.9 million new jobs created. california was working. i'm jerry brown. california needs major changes. we have to live within our means; we have to return power and decision making to the local level-closer to the people and no new taxes without voter approval. jerry brown the knowledge and know-how to get california working again.

tonight at 11:00, why gaining weight may be out of your control. there's evidence showing that obesity begins long before we stop exercising and start shoving all that junk food in our mouth. an nbc investigation reveals how mysterious charges also could be showing up on your cell phone bill, charges you may now know you're paying for. that's tonight at 11:00 after an all new "america's got talent." >> so what up with google? earlier today the logo on the search engine was exploding no a cascade of red and blue and yellow and green dots, look at that. usually google gives us some explanation of these things we call doodles, but today the company said only it was -- its doodle was boisterous, maybe it's excited about the week ahead, quote, unquote. we know that google's birthday is coming up this month and the company is also holding a media event on wednesday's san francisco museum of modern art in case you want to go. well i'm keep you posted. it is, after all, google.

>> maybe it was just dots. >> maybe. >> see you at 11:00. [ female announcer ] we know jerry brown was mayor of oakland,

but what were the results? fact: brown promised to improve schools. but the drop out rate increased 50%, and the state had to take over the schools. fact: the city controller found employees paid for 22,000 hours...